Page:Ruffhead - The Statutes at Large - vol 9.djvu/248

 198 C. 33. Anno quarto G e o r g'i 1 III. A.D. 1763. Rcfiduc of tlw Intereft, by the Suitors; and that the Refidue of the Intereft and annual Profits, arifing and to be produced &c. to be accounted for f rom the faid Securities, fhall be accounted for and taken as Part of the Common and General r IVi ,Z Cafli of and belonging to the Suitors of the faid Court of Chancery, and (hall be ifTued and applied l-afn belonging to the ,., ° .. ° , t^-^« r An r ,-» i • rr* j • ^i lri -kt Suitors, and to be applied pursuant and according to the Directions of an Act of Parliament, palled ia the twelfth Year of purfuant to Aft 12 Geo. the Reign of his late Majefty King George the Firft, intituled,' An Ail for the Relief of the Suitors if the whole or any Part III. Provided always, and be it futher enacted and declared, That if at any Time hereafter the of the faid Sum of Whole, or any Part of the faid Sum of five thoufand Pounds, (hall be wanted to anfwer any of the cooo 1. mall be wanted Demands of the Suitors of the faid Court of Chancery, then, and in fuch Cafe, the faid Court may the P Court mav df* a the arK * ^ a " aire & the fame, or any Part thereof, to be called in, or the Securities on which the fame csUinghi thereo™ £ A la 'l De placed to be difpofed of. in order that the Suitors of the faid Court may at all Times be paid their refpective Demands, out of the Common and General Cafh belonging to fuch Suitors. CAP. XXXIII. An Act for preventing Inconveniencies arifing in Cafes of Merchants, and fuch other Per- fons as are within the Defcription of the Statutes relating to Bankrupts, being intitled to Privilege of Parliament and becoming infolvent. Preamble. ' tTlHEREAS Merchants, Bankers^ Brokers, Factors, Scriveners and Traders, within the For firmer Laws con- ' yty Defcription of the Statutes relating to Bankrupts, having Privilege of Parliament, are not arm«gBarkrupts, refer to 1 compellable to pay their juft Debts, or to become Bankrupts, by reafon of the Freedom of their 34S? 35 H. 8.^.4. c p el -f ons from Arrefts upon Civil Procefs; and fome Doubts have alfo arifen, whether in Cafes of %ac' 1 c'n ' Bankruptcy a Commiifion can be fued out during the Continuance of fuch Privilege : To remedy !2.i Jac.'i. c 19. ' which Inconveniencies, and to fupport the Honour and Dignity of Parliament, and good Faith 13 isf 14 Car. 2.c. 24. ' and Credit in Commercial Dealings, which require, that in fuch Cafes, the Laws fhould. have 10 Am. c. 15. « iheir due Courfe, and that no fuch Merchants, Bankers, Brokers, Factors, Scriveners or Tra- 1 Geo. i.e. 31. e j erSj i n cafe f actual Infolvency, fhould by any Privilege whatever, be exempted from doing 30 Geb.z, efxi. ' ec l ua l Juftice to all their Creditors;' Be it enacted by the King's moft Excellent Majefty by and 24 Geo. 2. c. 57. with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent From and after u May Parliament affembled, and it is hereby enacted by the Authority of the fame, That from and after 1764, Creditors to a the eleventh Day of May one thoufand feven hundred and fixty-four, it fhall be lawful for any fin- e-rrtain Value of any gle Creditor, or two or more Creditors, being Partners, whofe Debt or Debts fhall amount to one Merchant, &c. within hundred p ounr J s or upwards, and for any two Creditors whofe Debts fhall amount to one hundred I,aws reUring to Bank- and fifty Pounds or upwards, or any three or more Creditors whofe Debts fhall amount to two tupts, having Privilege hundred Pounds or upwards, of any Perfon or Perfons deemed a Merchant, Banker, Broker, Fac- et' Parliament, tor, Scrivener or Trader or Traders, within the Defcription of the Acts of Parliament relating to may, upon Affidavit Bankrupts, having Privilege of Parliament, at any Time, upon Affidavit or Affidavits being made made of the Debt, and and filed on Record in any of his Majefty's Courts at Wejlminfter, by fuch Creditor or Creditors, file w ' n / n? ' °l the C ° UrtS tnat ^ uc ^ D eDt or Debts is or are juftly due to him or them refpectively, and that every fuch Debt- at e mm ei, o) .^ as j lg Qr the y ver jjy b e ]; eve5 s a Merchant, Banker, Broker, Factor, Scrivener or Trader, fue out a Summons, or within the Defcription of the Statutes relating to Bankrupts, to fue out of the fame Court Sum- ach Debfor*- &C ' aSamft mol ' s ' or an Original Bill and Summons again it fuch Merchant, Banker, Broker, Fador, Scrive- and if he fhall not ner or Trader, and ferve him with a Copy thereof; and if fuch Merchant, Banker, Broker, Fac- -wnhin 2 Months pay, tor, Scrivener or Trader, fhall not within two Months after perfonal Service of fuch Summons fecure or compound for (Affidavits of the Debt or Debts having been duly made and filed as aforefaid) pay, fecure or corn- the Debt, pound for fuch Debt or Debts, to the Satisfaction of fuch Creditor or Creditors, or enter into a Bond in fuch Sum, and with two fuch fufficient Sureties, as any of the Judges of that Court out Jie fhall be adjudged a of which fuch Summons fhall ifllie fhall approve of, to pay fuch Sum as fhall be recovered in fuch Bankrupt; and a Com. Action or Actions, together with fuch Cofts as fhall be given in the fame, he fhall be accounted miffion may be accord- an d adjudged a Bankrupt from the Time of the Service of fuch Summons; and any Creditor or lngty fued out againft Creditors may fue out a Commiifion againft any fuch Perfon, and proceed thereon in like Manner E™ 'this Act is not to as againft other Bankrupts. extend to fuch Debts as II. Provided always, and it is hereby declared, That this Act fhall not extend, or be deemed or were contracted before conftrued to extend, to any fuch Debt or Debts as aforefaid contracted before the eighth Day of S March 1764. March one thoufand feven hundred and fixty-four; any thing herein before contained to the con- But any Merchant, &c. ., r ■ ■ r -in ... J ' ' a, ,„.™,,;„„ ,„ a,.. trary thereof in any wile notwithstanding. Committing an Act T / T, -. r J. r, i i. & a i • r r • 1 rr~.i t TV /I I T» i T- of Bankruptcy after the 111. And be it further enacted by the Authority aforefaid, 1 hat u any Merchant, Hanker, Bro- laft Day of this Seffion, ker, Factor, Scrivener or trader, iha.ll after the laft Day of this Seffion of Parliament, commit any the Creditors may fue Act of Bankruptcy, that then, and in fuch Cafe, any Creditor or Creditors as aforefaid may fue him% C nTrhfco n mS- out a Commiffion of Bankrupt agairift fuch. Merchant, Banker, Broker, Scrivener or Trader; and oners prcceed therein, the Com miifioners in fuch Commiifion, and other Perfons, may proceed thereon in like Manner as as againft other Bank- againft other Bankrupts j any Privilege of Parliament to the contrary notwithftanding. jupts, notwithftanding his Pnvi'ege jy_ Provided neverthelefs, and be it enaited, That nothing in this Act fhall fubject any Perfon U enotfuh'-ecttoArre^ to be arretted or imprifoned, during the Time of fuch Privilege, ^except In. Cafes made except in Cafes made Felony by the Acts relating to Bankrupts or any of them. Felony. J. CAP.
 * • c - 33- of the High Court of Chancery.